Terms & Conditions

Repair Terms and Conditions (AGREEMENT)

(THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE CUSTOMER AGREEMENT WITH GUARD UR MOBILE AND WILL APPLY TO CUSTOMER AND CUSTOMER STATUTORY CONSUMER RIGHTS). 

CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN INDIA, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND CUSTOMER SHOULD CONSULT THE LEGAL ADVICE FOR FURTHER INFORMATION ON THESE RIGHTS.

Customer:- Customer shall mean and include the individual who have taken the AMC, their authorized person only and who is major as per the Majority Act, 1975 as amended till date, competent to contract, of sound mind and is not barred by any applicable law from contracting.

Guard ur mobile:- Guard ur Mobile mean and include its employee, agents, authorized service centers, the company detailed in the contact on the website.

A. The present agreement is subject to the following:-

1.  This AMC does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the product’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the product outside the published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of brand or an authorized service provider (“aasp”); (g) to a product that has been modified to alter functionality or capability without the written permission of manufacturer ; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the product, (i) if any serial number has been removed or defaced from the product; or (j) if we receives information from relevant public authorities that the product has been stolen or if customer are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the product, and customer cannot prove in any way that customer are the authorized user of the product (e.g. By presenting proof of purchase).

2. Customer responsibilities The customer shall make periodic backup copies of the information contained on the product storage media to protect the contents and as a precaution against possible operational failures.

Before receiving our service, we and our agents may require that the customer furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow our procedures for obtaining our service. Before submitting customer product for AMC service customer should maintain a separate backup copy of the contents of its storage media, remove all personal information that customer want to protect and disable all security passwords. During AMC service it is possible the contents of the storage media will be lost, replaced or reformatted. We and our agents are not responsible for any loss of software programs, data or other information contained on the storage media or any other part of the product serviced.

Following AMC service customer product or a replacement device, if any, will be returned to customer as customer product was configured when originally purchased, subject to applicable updates. Customer will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this AMC.

The AMC is valid for a period of one year from the date of purchase of the same however the AMC is restricted to the following:-

a. Screen Lock:- 3 times
b. Screen Damage:- two time.

Important: do not open the product. Opening the product may cause damage and then AMC shall lapse as being breach of the agreement.

THIS AGREEMENT SHALL BE VALID IN THE EYES OF APPLICABLE LAWS, SUBJECT TO THE COMPLIANCE OF THE AFORESAID CONDITIONS.

1.              Services and Products.

1.1       Services. For service orders, Guard ur Mobile or its authorized service centre will service customer product as described to customer for free, unless such charges are revised with customer prior oral or written consent. Unless otherwise stated, Guard ur Mobile or its authorized service centre will provide repair or replacement services of the functional parts to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on customer product.

1.2       Data Transfer Services. If customer product is capable of storing software programs, data or other information (“Data”), Guard ur Mobile or its authorized service centre may attempt to transfer said Data to a replacement device. During service, it is possible that Data may be lost. In such an event, Guard ur Mobile or its authorized service centre will not be responsible for any loss of Data.

a.         As part of any Data transfer service, whether or not Guard ur Mobile or its authorized service centre is able to successfully transfer Data from the original device to the replacement device, Guard ur Mobile or its authorized service centre will delete any Data on the original device. Customer should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that customer want to protect and disable all security passwords. During service it is possible that the Data will be lost, replaced or reformatted. In such an event Guard ur Mobile or its authorized service centre and its agents are not responsible for any loss of software programs, Data or other information contained on the device.

b.         Data transfer service will involve the transfer of Data directly from the original device to the replacement device or to a compatible external data storage device customer provide. Guard ur Mobile or its authorized service centre will not transfer the Data to any Guard ur Mobile or its authorized service centre owned or 3rd party owned data storage system or device and will not store a copy of the Data as part of any Data transfer service.

1.3       Parts and Labor. Guard ur Mobile or its authorized service centre may provide both parts and labor, but may direct that customer replace certain readily installable parts customerself, as described below. In servicing customer product, Guard ur Mobile or its authorized service centre may use parts or products that are new or refurbished and equivalent to new in performance and reliability. Guard ur Mobile or its authorized service centre will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become customer property. Replaced parts and products are generally repairable and are exchanged or repaired by Guard ur Mobile or its authorized service centre for value. If applicable law requires Guard ur Mobile or its authorized service centre to return a replaced item to customer, customer agree to pay Guard ur Mobile or its authorized service centre the retail cost of the replacement item and shipping, if any.

1.4        Service Options. Guard ur Mobile or its authorized service centre will provide service through one of the following options and will choose which method of providing service depending on the circumstances, in particular depending on the type of Guard ur Mobile or its authorized service centre product:-

A          Do-It-Customerself:- DIY Parts Service allows customer to service customer own product. If Guard ur Mobile or its authorized service centre determines that DIY Parts Service is available to customer, Guard ur Mobile or its authorized service centre will ship to customer a replacement part for customer Guard ur Mobile or its authorized service centre product. The replacement part will be accompanied by instructions on installation and any requirements for the return of the replaced part. All replaced parts requiring return, must be returned to Guard ur Mobile or its authorized service centre within ten (10) days from the date Guard ur Mobile or its authorized service centre ships the replacement part to customer (“Return Period”). If (i) customer fail to return the replaced part as instructed within the Return Period, or (ii) the replaced part is not eligible for service due to a Service Exclusion, as described below, customer will pay the amount agreed by customer at the time service was ordered. If Guard ur Mobile or its authorized service centre does not require the return of a replaced part, Guard ur Mobile or its authorized service centre will ship to customer a replacement part or product accompanied by instructions on installation and any requirements for the disposal of the replaced item. Guard ur Mobile or its authorized service centre is not responsible for any labor costs relating to DIY Parts Service.

B          Direct Mail-In Service:-  If Guard ur Mobile or its authorized service centre determines that customer product is eligible for Direct Mail-In Service, customer will ship customer product to Guard ur Mobile or its authorized service centre’s repair service location in accordance with Guard ur Mobile or its authorized service centre’s instructions. customer must arrange for the shipping and packaging of customer product to Guard ur Mobile or its authorized service centre’s repair service location, as described at the time of ordering, and customer may want to consider insuring customer package in case of damage or loss during shipment. Once service is complete, the Guard ur Mobile or its authorized service centre repair service location will return the repaired product or provide a replacement product to customer.

C Service at our authorized Service centers:- In the present option customer shall be required to bring customer product at our authorized service centre and are required to fill a form detailing customer AMC number accompanied with the original invoice of customer product and thereafter customer product will be repaired accordingly.

1.5       Changes to Service Options. Guard ur Mobile or its authorized service centre reserves the right to change at any time the service options available to customer.  

1.6       No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority.

1.7       Service Exclusions and Diagnostic Fee. Guard ur Mobile or its authorized service centre may charge customer a diagnostic fee (including shipping charges) as described in the Country Variation table, below (“Diagnostic Fee”), if Guard ur Mobile or its authorized service centre inspects customer product and determines that (i) customer product does not require service, (ii) customer product has failed due to or has incompatibilities with software or data residing or recorded on customer product (iii) service is required due to the failure of parts that are neither supplied by Guard ur Mobile or its authorized service centre nor Guard ur Mobile or its authorized service centre-branded, (iii) additional labor or parts are required that were not specified in the original estimated charges and customer do not agree to authorize service based on Guard ur Mobile or its authorized service centre’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than Guard ur Mobile or its authorized service centre or an Guard ur Mobile or its authorized service centre Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). Guard ur Mobile or its authorized service centre will return customer product to customer without servicing it and may charge customer the Diagnostic Fee.  

1.8       Exceptions to Coverage. Service under this Agreement is offered and valid only to residents located in INDIA.

1.9     Delivery. Guard ur Mobile or its authorized service centre may provide an estimate on when a replacement product or shipping box to facilitate service will be shipped to customer. Once customer order has been prepared for shipment or has shipped, Guard ur Mobile or its authorized service centre is unable to change the shipping address. Please note that for deliveries that require a signature, if customer are willing to assume the risks of customer order being delivered without anyone at the delivery address, customer may authorize Guard ur Mobile or its authorized service centre to arrange for a delivery without the need for a signature.

1.10     Customer’s Responsibility. 1.10.1   Guard ur Mobile or its authorized service centre will provide customer with shipping and packing instructions. Customer will be responsible for products or parts that are lost or damaged as a result of failure to follow them.

1.10.2   It is customer responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. Guard ur Mobile or its authorized service centre is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by Guard ur Mobile or its authorized service centre. Customer represent that customer product does not contain illegal files or data.  

1.10.3   Abandoned Property. Unless customer provide alternative instructions, Guard ur Mobile or its authorized service centre will ship customer repaired or replacement product to the mailing address customer furnished when customer authorized service. If customer product is returned to Guard ur Mobile or its authorized service centre because delivery could not be completed at the address given, Guard ur Mobile or its authorized service centre will attempt to contact customer for an alternative mailing address. If customer do not provide an address at which Guard ur Mobile or its authorized service centre or its agent may deliver customer product within sixty (60) days (see the Country Variation sections, below, for any applicable exceptions) after the original delivery attempt, Guard ur Mobile or its authorized service centre will notify customer that it considers customer product to be abandoned. Guard ur Mobile or its authorized service centre will send notice to the mailing address customer furnished when customer authorized service. In the event that customer product is abandoned, Guard ur Mobile or its authorized service centre may dispose of customer product in accordance with applicable provisions of law, and, specifically, may sell customer product at a private or public sale to pay for any outstanding service performed. Guard ur Mobile or its authorized service centre reserves its statutory and any other lawful liens for unpaid charges.

1.10.4   Information on Service. During the service ordering process customer must provide a description of the issue that is affecting customer product, so that Guard ur Mobile or its authorized service centre understands and may replicate the issue.  

1.10.6   Disclosure of Unauthorized Modifications. During the service ordering process, customer must notify Guard ur Mobile or its authorized service centre of any unauthorized modifications, or any repairs or replacements not performed by Guard ur Mobile or its authorized service centre or an Guard ur Mobile or its authorized service centre Authorized Service Provider (“AASP”), that have been made to customer product. Guard ur Mobile or its authorized service centre will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Guard ur Mobile or its authorized service centre. If damage results, Guard ur Mobile or its authorized service centre will seek customer authorization for any additional costs for completing service even if the product is covered by warranty or an Guard ur Mobile service plan. If customer decline authorization, Guard ur Mobile or its authorized service centre may return customer product unrepaired in the damaged condition without any responsibility.

2.         Orders and Payment

2.1       Payment. Terms of payment are within Guard ur Mobile or its authorized service centre’s sole discretion, and unless otherwise agreed to by Guard ur Mobile or its authorized service centre, payment details, if any, must be received prior to Guard ur Mobile or its authorized service centre’s acceptance of an order.

2.2       Payment Methods. Guard ur Mobile or its authorized service centre allows customer to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or demand draft, or some other prearranged payment method unless Guard ur Mobile or its authorized service centre has agreed to some other credit terms.  

2.3       Prices. Guard ur Mobile or its authorized service centre endeavors to offer customer competitive prices on current Guard ur Mobile or its authorized service centre products and services. Customer total order price will include the price of the product or service on the day of order processing. Guard ur Mobile or its authorized service centre reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.

2.4        Confirmation. Guard ur Mobile or its authorized service centre will send customer a confirmation of customer order via email shortly after receipt. Customer will receive a confirmation by regular mail when Guard ur Mobile or its authorized service centre accepts customer order.  

2.5       Refunds. Except as described in the Warranty and Limitation of Liability section below, Guard ur Mobile or its authorized service centre does not provide refunds for service orders.  

3.         Warranty and Limitation of Liability

3.1       Service Warranty. For all service orders, Guard ur Mobile or its authorized service centre warrants that (1) services performed will conform to their description for ninety (90) days from the date of service, (2) except for batteries described in the subsection below, all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service, and (3) batteries installed as part of Guard ur Mobile or its authorized service centre’s battery replacement service for Guard ur Mobile or its authorized service centre will be free from defects in materials and workmanship for six months from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, Guard ur Mobile or its authorized service centre will at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to Guard ur Mobile or its authorized service centre for service.   

3.2       Disclaimer of Warranty.
THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. GUARD UR MOBILE OR ITS AUTHORIZED SERVICE CENTRE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.   

3.3       Limitation of Liability.
 IF CUSTOMER ARE A CONSUMER, CUSTOMER MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO CUSTOMER LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT CUSTOMER RIGHTS. IF NOT COVERED BY THESE RIGHTS, GUARD UR MOBILE OR ITS AUTHORIZED SERVICE CENTRE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GUARD UR MOBILE OR ITS AUTHORIZED SERVICE CENTRE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, GUARD UR MOBILE OR ITS AUTHORIZED SERVICE CENTRE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF CUSTOMER ORDER.   

 5.         General.

5.1       Typographical Errors. Guard ur Mobile or its authorized service centre is not responsible for typographical errors. Guard ur Mobile or its authorized service centre reserves the right to cancel any order customer have placed if there was a typographical error concerning the pricing or availability of any item customer ordered when customer placed the order.

5.2       Change Terms. Guard ur Mobile or its authorized service centre reserves the right to change this Agreement at any time.

5.3       Cancellation. Upon acceptance of a service order, Guard ur Mobile or its authorized service centre initiates service and consequently a service order may not be cancelled and customer cannot withdraw from the contract.

5.4        Product/Service Changes. Guard ur Mobile or its authorized service centre may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and Guard ur Mobile or its authorized service centre makes no commitment to update the information provided online with respect to such products and services.

5.5       Access online. Guard ur Mobile or its authorized service centre reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.  

5.6       Governing Law. The applicable Laws in Indfia shall only be enforceable on this agreement.

5.7       No Changes to the Agreement. No Guard ur Mobile or its authorized service centre employee or agent has the authority to vary any of the terms and conditions governing any transaction.

5.8       Unenforceable Terms. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.  

5.9       Waivers. Guard ur Mobile or its authorized service centre’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Guard ur Mobile or its authorized service centre of any provision or any right it has to enforce these policies, nor shall any course of conduct between Guard ur Mobile or its authorized service centre and customer or any other party be deemed to modify any provision of these terms.  

5.10     No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

5.11     Data Protection. Customer agree and understand that it is necessary for Guard ur Mobile or its authorized service centre to collect, process and use customer data in order to process sales, perform service and confirm compliance with applicable laws. Guard ur Mobile or its authorized service centre will maintain and use customer personal data in order to allow customer to exercise customer rights arising from the service of customer Guard ur Mobile or its authorized service centre product and for quality and service related purposes. Guard ur Mobile or its authorized service centre will not use customer information for direct marketing purposes without obtaining customer consent.  

5.12     Subcontractors. Guard ur Mobile or its authorized service centre may subcontract with other service providers for the service of customer product.

5.13      Conflict of Terms; Services in English. In the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.

5.14     Complete Agreement; Force Majeure. This Agreement governs service transactions accepted by Guard ur Mobile or its authorized service centre. No other oral or written terms or conditions apply. Guard ur Mobile or its authorized service centre does not authorize any variance or modification of this Agreement. Guard ur Mobile or its authorized service centre is not responsible for any failures or delays in performing service or delivering customer product or a replacement product that are due to events outside Guard ur Mobile or its authorized service centre’s reasonable control.

5.15     Guard ur Mobile or its authorized service centre entities. For the purposes of this agreement, the Guard ur Mobile or its authorized service centre entity is listed in the table on the website under the head our service stations.

6. Arbitration:- In case of any dispute relating to and arising out of the present agreement , the parties shall try to resolve the dispute amicably and otherwise the matter shall be referred to the sole arbitrator appointed by the Gurad ur Mobile, whose decision shall be final and binding upon the parties. The arbitration proceeding shall be governed by the Arbitration and conciliation Act, as amended till date.

7. Jurisdiction of Court:- The Hon’ble Court of Delhi, including the consumer forums and tribunal shall have exclusive jurisdiction to try and adjudicate any dispute pertaing to and arising out of the present agreement.

It is declared by me that I have gone through the contents of the aforesaid agreement and have understood the same in its totality and putting my acceptance as a token of acceptance of the terms and conditions of the agreement which shall be binding upon me.